Senate Bill sb0634c1

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    Florida Senate - 2001                            CS for SB 634

    By the Committee on Appropriations and Senators Clary and
    Cowin




    309-1646-01

  1                      A bill to be entitled

  2         An act relating to nursing homes; amending s.

  3         400.141, F.S.; prescribing duties of nursing

  4         homes with respect to influenzae and

  5         pneumococcal polysaccharide vaccinations;

  6         providing an appropriation; providing an

  7         effective date.

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  9  Be It Enacted by the Legislature of the State of Florida:

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11         Section 1.  Subsections (14), (15), and (16) are added

12  to section 400.141, Florida Statutes, to read:

13         400.141  Administration and management of nursing home

14  facilities.--Every licensed facility shall comply with all

15  applicable standards and rules of the agency and shall:

16         (14)  Before November 30 of each year, subject to the

17  availability of an adequate supply of the necessary vaccine,

18  provide for immunizations against influenzae viruses to all

19  its consenting residents and health care staff in accordance

20  with the recommendations of the U.S. Centers for Disease

21  Control and Prevention, subject to exemptions for medical

22  contraindications or religious or personal beliefs. Subject to

23  these exemptions, any consenting person who becomes a resident

24  or staff member of the facility after November 30 but before

25  March 31 of the following year must be immunized within 5

26  working days after becoming a resident or staff member.

27  Immunization shall not be provided to any resident who

28  provides documentation that he or she has been immunized as

29  required by this subsection. This subsection does not prohibit

30  a resident or staff member from receiving the immunization

31  from his or her personal physician if he or she so chooses. A

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    Florida Senate - 2001                            CS for SB 634
    309-1646-01




  1  resident or staff member who chooses to receive the

  2  immunization from his or her personal physician must provide

  3  proof of immunization to the facility. The agency may adopt

  4  and enforce any rules necessary to comply with or implement

  5  this subsection.

  6         (15)  Assess all residents and health care staff for

  7  eligibility for pneumococcal polysaccharide vaccination (PPV)

  8  and vaccinate residents and health care staff when indicated

  9  within 60 days after the effective date of this act in

10  accordance with the recommendations of the U.S. Centers for

11  Disease Control and Prevention, subject to exemptions for

12  medical contraindications or religious or personal beliefs.

13  Residents admitted or health care staff employed after the

14  effective date of this subsection shall be assessed within 5

15  working days after admission or employment, and, when

16  indicated, vaccinated within 60 days in accordance with the

17  recommendations of the United States Centers for Disease

18  Control and Prevention, subject to exemptions for medical

19  contraindications or religious or personal beliefs.

20  Immunization shall not be provided to any resident or staff

21  member who provides documentation that he or she has been

22  immunized as required by this subsection. This subsection does

23  not prohibit a resident or staff member from receiving the

24  immunization from his or her personal physician if he or she

25  so chooses. A resident or staff member who chooses to receive

26  the immunization from his or her personal physician must

27  provide proof of immunization to the facility. The agency may

28  adopt and enforce any rules necessary to comply with or

29  implement this subsection.

30         (16)  Annually encourage and promote to its employees

31  the benefits associated with immunizations against influenzae

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    Florida Senate - 2001                            CS for SB 634
    309-1646-01




  1  viruses in accordance with the recommendations of the U.S.

  2  Centers for Disease Control and Prevention. The agency may

  3  adopt and enforce any rules necessary to comply with or

  4  implement this subsection.

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  6  Facilities that have been awarded a Gold Seal under the

  7  program established in s. 400.235 may develop a plan to

  8  provide certified nursing assistant training as prescribed by

  9  federal regulations and state rules and may apply to the

10  agency for approval of its program.

11         Section 2.  The sum of $96,577 is appropriated from the

12  General Revenue Fund to the Agency for Health Care

13  Administration to fund the non-Medicaid cost to nursing home

14  facilities for immunizing nursing home employees.

15         Section 3.  This act shall take effect upon becoming a

16  law.

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    Florida Senate - 2001                            CS for SB 634
    309-1646-01




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                              SB 634

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  4  Requires nursing homes to immunize health care staff against
    the influenza virus before November 30 of each year.
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    Provides that consenting health care staff employed at the
  6  facility are to be immunized, subject to exemptions.

  7  Requires consenting staff members employed at nursing
    facilities after November 30 but before March 31 of the
  8  following year to be immunized within 5 working days after
    becoming employed.
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    Provides that a health care staff member may choose to be
10  immunized from their personal physician and must provide proof
    of the immunization to the facility.
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    Provides that health care staff must be assessed for
12  eligibility for the pneumococcal polysaccharide vaccination
    within 60 days after the effective date of the act, subject to
13  exemptions.

14  Provides that the Agency for Health Care Administration1 may
    adopt rules necessary to comply with or implement this act.
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    Provides an appropriation of $96,577 to fund the non-Medicaid
16  cost to nursing homes for immunizing nursing home employees.

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